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Supreme Court of India. (Photo: Mint)
Supreme Court of India. (Photo: Mint)

SC rejects Delhi 2012 gang-rape death row convict’s juvenility claim

While denying the plea, the Supreme Court bench said how many times it would have to hear the same argument which has been raised before other courts earlier too

NEW DELHI : The Supreme Court on Monday rejected the special leave petition filed by Pawan Kumar Gupta, death row convict in 2012 Delhi gang-rape and murder case, challenging the Delhi High Court order which rejected his claim that he was a juvenile.

The apex court bench headed by Justice R. Banumathi and comprising Justices Ashok Bhushan and A.S. Bopanna, rejected the juvenility plea today after giving an opportunity to the petitioner to argue at length.

While denying the plea, the Supreme Court bench asked how many times it would have to hear the same argument which has been raised before other courts earlier too.

Advocate A.P. Singh appearing for Gupta argued before the court that the school records depict that that Pawan was a juvenile when the crime took place. The school leaving certificate showed that the date of birth of the convict is 8 October, 1996.

Singh argued that the Magisterate who passed the order in 2013 didn’t give Gupta an opportunity to be heard. Neither the police produced school records nor gave an opportunity to examine the papers submitted to the advocate of the convict, Singh alleged.

Opposing the argument Solicitor General Tushar Mehta, appearing for Delhi police, said, "It will be a travesty of justice if this ground at this stage is raised again, after all forums have rejected it." He assured the court that the claim for age was considered before each judicial forum and this was mere repetitions.

February 1, is the execution date of the four convicts.

On 16 December 2012, a 23-year-old woman was brutally assaulted and raped by six persons in a moving bus in south Delhi, an incident which prompted nationwide protests. She died from her injuries on 29 December at Mount Elizabeth Hospital in Singapore.

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